Measures for the administration of state-owned assets

Measures for the administration of state-owned assets

Chapter I General Principles

Article 1 These Measures are formulated in order to strengthen the management of state-owned assets (hereinafter referred to as administrative assets) in state administrative institutions, safeguard the safety and integrity of assets, improve the efficiency in the use of assets, ensure the state administrative organs to perform their duties, and promote the development of various undertakings.

Article 2 Administrative assets refer to the sum of all kinds of economic resources that are owned by the state and can be measured in money by administrative institutions, including assets allocated by the state to administrative institutions, assets formed by administrative institutions using state-owned assets to organize income in accordance with national policies, assets formed by donations and other assets recognized as state-owned according to law. The forms of administrative assets are current assets, long-term investment, fixed assets, intangible assets and other assets.

Article 3 The main tasks of asset management in administrative institutions are: establishing dinner inspection and perfecting various rules and regulations; Clarify the relationship between property rights and implement property rights management; Ensure the safety and integrity of assets; Promote the rational allocation and economical and effective use of assets; Pay for the use of operating assets and supervise their preservation and appreciation.

Article 4 The contents of administrative assets management include: registration, definition, alteration and dispute mediation of property rights; The use, disposal, evaluation, statistical reporting and supervision of assets; Notify the finance at the same level. Article 5 The state adheres to the principle of separation of ownership and use right in the management of administrative assets, and implements a management system of unified ownership by the state, hierarchical supervision by the government, and possession and use by units.

Chapter II Management Institutions and Their Duties

Article 6 The state-owned assets management department is a functional organization of the government that specializes in the management of state-owned assets. The central and local state-owned assets management departments at all levels shall, in accordance with the principle of unified policy and hierarchical management, implement comprehensive management of administrative assets under the jurisdiction of the government at the corresponding level. The main responsibilities are:

(a) to implement the laws, regulations, guidelines and policies of the state on the management of state-owned assets;

(two) the contract finance department shall formulate rules and regulations for the management of administrative assets, and organize the implementation, supervision and inspection;

(three) to be responsible for organizing the property registration, inventory statistics, asset evaluation and dispute mediation of administrative assets; And in conjunction with the financial sector for examination and approval of property rights changes and asset disposal.

(four) in conjunction with the financial sector to carry out the examination and approval of operating assets and the assessment and supervision of maintaining and increasing the value;

(five) report to the government at the same level, the financial department and the state-owned assets management department at a higher level.

Article 7 The state-owned assets management institutions of all competent departments shall exercise unified supervision and management over the state-owned assets occupied and used by their subordinate administrative institutions. The main responsibilities are:

(a) the implementation of laws, regulations and systems related to the management of state-owned assets;

(2) To be responsible for formulating the asset management measures of the department, and organizing the implementation, supervision and inspection;

(three) responsible for organizing the department's asset inventory, registration, statistical summary and daily supervision and inspection;

(four) to be responsible for approving the allocation, transfer, loss reporting and scrapping of assets within the prescribed scope of authority;

(five) responsible for the audit of the operating assets of the department and the supervision and management of maintaining and increasing the value;

(six) responsible to the state-owned assets management department and the financial department at the same level, and report the work;

Eighth administrative institutions of state-owned assets management institutions unified management of the assets owned and used by the unit. The main responsibilities are:

(a) according to the provisions of the superior state-owned assets management, responsible for formulating and organizing the implementation of the specific measures for the management of state-owned assets in this unit;

(two) responsible for the account and card management of assets;

(three) responsible for the unit's assets inventory, registration, statistical statements and daily supervision and inspection work;

(four) to be responsible for the examination and approval procedures for the allocation, transfer, loss reporting and scrapping of assets;

(five) responsible for the rational allocation of assets, participate in the daily management and maintenance of equipment procurement, acceptance and warehousing, and the completion and acceptance of infrastructure;

(six) to be responsible for the demonstration of the business projects to be launched by the unit, to perform the procedures for the declaration of assets investment, and to supervise and manage the assets put into operation by investors;

(seven) responsible to the competent department, and report the work.

Chapter III Registration of Property Rights

Article 9 The property right registration of administrative assets is a legal act that the state-owned assets management department registers administrative assets on behalf of the state, confirming the state's ownership of state-owned assets and the administrative institutions' possession and use of state-owned assets according to law. The property right registration certificate of state-owned assets issued by the state-owned assets management department is a legal certificate for the state to enjoy the ownership of state-owned assets occupied by administrative institutions.

Article 10 The possession and use of state-owned assets by administrative institutions, regardless of whether they are included in the budget management or not, and what form of budget management is implemented, must be declared to the state-owned assets management department, and property rights registration procedures must be handled.

Article 11 The competent authorities for the registration of property rights of administrative assets are the State Administration of State-owned Assets and local state-owned assets management departments at all levels. State-owned assets management departments at all levels are responsible for the registration of property rights of state-owned assets in administrative institutions at the corresponding level. When necessary, the state-owned assets management department may entrust the competent department to register.

Twelfth administrative assets property rights registration is divided into the establishment of property rights registration, change of property rights registration, cancellation of property rights registration.

The newly established administrative institution shall, within 30 days after its formal establishment, report to the state-owned assets management department at the same level or the entrusted competent department and go through the formalities of property right registration.

Division, merger, restructuring and cancellation of administrative institutions, as well as changes in affiliation, unit name, address and person in charge of the unit, and the total amount of state-owned assets exceeds a certain proportion, should be reported to the state-owned assets management department at the same level or entrusted to the competent department within 30 days after approval by the competent department or the examination and approval authority, and go through the formalities of property right change registration or cancellation of property right registration.

The property right registration of administrative assets shall be subject to the annual inspection system, which shall be conducted once a year. Administrative institutions shall fill in the annual inspection registration certificate on the basis of carefully checking the stock of assets at the end of the year.

Thirteenth administrative assets property registration mainly includes:

(a) the name of the unit;

(2) domicile;

(three) the person in charge of the unit;

(four) the form of budget management;

(5) the competent department;

(6) Total assets of the unit;

(7) Total state-owned assets;

(8) Others

Article 14 State-owned assets management departments at all levels shall regularly report to the state-owned assets management department at a higher level the registration of property rights of state-owned assets occupied and used by administrative institutions at the same level, and send a copy to the finance department at the same level.

Fifteenth state-owned assets management departments at all levels may suggest that the competent department or the financial department stop or delay the allocation of relevant funds to the administrative institutions that fail to fill in the property right registration according to the prescribed requirements.

Sixteenth state-owned assets management departments at all levels should properly keep the registration form of administrative assets property rights, establish the registration file of administrative assets property rights, and understand and master the changes in the stock of state-owned assets in administrative institutions.

Chapter IV Utilization of Assets

Seventeenth administrative institutions should conscientiously do a good job in the daily management of assets, establish and improve the management system, and implement the responsibility of asset management to relevant departments and individuals.

Eighteenth administrative institutions shall regularly check the state-owned assets they possess and use, to ensure that the financial sources are clear, the accounts are consistent, the accounts are consistent, and the accounts are consistent, so as to prevent the loss of assets.

Nineteenth administrative institutions should optimize asset allocation, make the best use of it, and give full play to the maximum benefit of asset use. For long-term idle assets, the competent department, the state-owned assets management department and the financial department have the right to negotiate and adjust the disposal. Refuse to adjust the disposal, the state-owned assets management department should advise the financial department or the competent department to slow down or stop the disbursement of relevant funds.

Chapter V Transformation of Non-operating Assets into Operating Assets

Article 20 Non-operating assets refer to the assets occupied and used by administrative institutions to complete state administrative tasks and carry out business activities. Operating assets refer to the assets used by administrative institutions to engage in production and business activities under the premise of ensuring the normal work of their own units and in accordance with relevant national policies and regulations.

Article 21 The main ways of transforming non-operating assets into operating assets are:

(1) Taking non-operating assets as the initial investment, obtaining the business license of enterprise legal person in the administrative department for industry and commerce, and establishing an economic entity with the qualification of enterprise legal person;

(two) foreign investment, shares, joint ventures and joint ventures with non-operating assets;

(3) Taking non-operating assets as registered capital, obtaining a business license from the administrative department for industry and commerce, and establishing a subsidiary business unit without legal person qualification;

(4) Leasing or lending non-operating assets;

(five) other ways approved by the state-owned assets management department and the financial department. Twenty-second non-operating assets into operating assets, should be evaluated in accordance with the "measures for the administration of state-owned assets evaluation", and its value should be approved as the capital invested by the state, and as the assessment basis for the possession and use of this part of state-owned assets.

Twenty-third administrative institutions to convert non-operating assets into operating assets, the need to apply, after the audit by the competent authorities, reported to the state-owned assets management department at the same level for approval; One-time assets that are converted into production operations and have great value shall be reported to the finance department at the same level for approval. To set up an economic entity with legal person status with non-operating assets, it is necessary to go through the formalities of property right registration with the state-owned assets department at the same level with the approval document of the competent department, the financial statements of the investor, the asset appraisal confirmation certificate or the asset certificate issued by the competent department. The main customer department shall not issue perjury when issuing asset certificates. If perjury is issued, once it is found out, the state-owned assets management department will withdraw the property right registration form, cancel its property right registration qualification, and notify the administrative department for industry and commerce to prove that its credit information is invalid.

Twenty-fourth administrative institutions operating assets into operating assets, should adhere to the principle of paid use, according to the actual occupation of state-owned assets, a certain proportion of state-owned assets occupation fee. The occupation fee collected shall be used for the renovation of the fixed assets of administrative institutions.

State-owned assets management departments at all levels have the right to supervise and inspect the economic benefits and income distribution of administrative institutions from non-operating assets to operating assets, and promptly correct existing problems.

Twenty-fifth administrative institutions from non-operating assets to operating assets, the state-owned nature of assets remains unchanged, unless otherwise stipulated by the state, collective enterprises may not be set up with state-owned assets.

Twenty-sixth business enterprises established by administrative institutions with the qualification of enterprise legal person shall be supervised in accordance with the Regulations on Property Supervision of State-owned Enterprises.

Chapter VI Disposal of Assets and Mediation of Property Rights Disputes

Twenty-seventh administrative institutions asset disposal (including allocation, transfer, loss reporting, scrapping, etc.), should be reported to the competent department or the financial and state-owned assets management departments at the same level, and perform the examination and approval procedures, without approval shall not be arbitrarily disposed of.

(a) the disposal of fixed assets occupied and used by central-level administrative institutions is above the prescribed standards (the specific prescribed standards shall be separately formulated by the State Administration of State-owned Assets in conjunction with the Ministry of Finance or authorized relevant departments) and reported to the State Administration of State-owned Assets in conjunction with the Ministry of Finance for approval; The examination and approval authority below the prescribed standards shall be decided by the host and contractor departments.

(2) Provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning may, according to the actual situation in their respective regions, set the limits for examination and approval of the disposal of fixed assets.

Article 28 The transfer of assets exceeding the prescribed standards must be evaluated.

Twenty-ninth administrative assets belong to the state, in accordance with the relevant provisions of the financial sector.

Thirtieth state-owned assets management departments at all levels shall be responsible for the mediation of property rights disputes of administrative institutions within the jurisdiction of the corresponding level. Mediation shall be conducted in accordance with the relevant measures for mediation of property rights disputes formulated by the State Administration of Assets.

Chapter VII Asset Reporting System

Thirty-first administrative institutions shall report the occupied assets on a regular basis in strict accordance with the format and content of the statements stipulated by the state-owned assets management department. Directly managed state-owned assets, directly report to the state-owned assets management department; If entrusted management is implemented, it shall be reported to the competent department, which shall report to the state-owned assets management department at the same level after summarizing.

Thirty-second administrative institutions shall, when submitting statements, make complete contents and accurate figures, and at the same time make a written analysis and explanation on the changes, use and balance of state-owned assets.

Article 33 Local state-owned assets management departments at all levels shall, in accordance with the prescribed time and requirements, prepare summary statements and analysis explanations, report them to the state-owned assets management department at a higher level, and send a copy to the financial department at the same level as a reference for preparing the financial budget for the next year.

Article 34 The State Administration of State-owned Assets is responsible for compiling and summarizing the asset statements of national administrative institutions, and at the same time, sending a copy to the Ministry of Finance as a reference for arranging the financial budget for the next year.

Thirty-fifth administrative assets statistics report format and reporting requirements shall be formulated by the State Administration of State-owned Assets.

Chapter VIII Responsibilities and Duties

Thirty-sixth administrative assets are an important part of state-owned assets. Management departments at all levels, asset users and staff have the obligation and responsibility to manage and make good use of state-owned assets according to law and safeguard the safety and integrity of state-owned assets.

Thirty-seventh state-owned assets management departments at all levels in the management of administrative assets, one of the following acts, by the government at the same level shall be ordered to make corrections, and by the competent department or unit at a higher level shall be held responsible for the leaders in charge and the persons directly responsible:

(1) Failing to perform duties as required, resulting in serious loss or loss of assets, failing to reflect or put forward suggestions, and failing to take corresponding management measures;

(two) in the management of property rights, not in accordance with the relevant laws and regulations, abuse of power for personal gain, resulting in serious consequences.

Thirty-eighth administrative assets management department has one of the following acts, which shall be handled by the state-owned assets management department.

Have the right to correct it, and suggest that the leaders in charge and the directly responsible personnel be held accountable.

(1) Failing to relax asset management according to the requirements of duties, resulting in serious consequences;

(two) without the prescribed authority, without authorization to approve the change of property rights;

(3) Failing to reflect, report or take corresponding management measures on the loss of land assets under its jurisdiction.

Thirty-ninth state-owned assets management departments and competent departments have the right to order administrative institutions to occupy and use assets to correct, and in accordance with the management authority, the higher authorities or units shall hold the leaders in charge and the directly responsible personnel accountable:

(1) Failing to comply with the requirements of duties and causing heavy losses due to poor asset management;

(2) Failing to register property rights truthfully, filling in asset statements or concealing the real situation;

(three) unauthorized transfer, disposal of assets and business investment;

(four) resort to deceit, occupy assets in various names and use their powers for personal gain;

(5) Failing to carefully supervise and manage the assets used for business investment, failing to fulfill the rights and interests of investors, and failing to collect the income from assets.

Fortieth state-owned assets management departments, competent departments and administrative institutions staff in violation of these provisions, if the circumstances are serious, resulting in a large loss of assets, which constitutes a crime, criminal responsibility shall be investigated by judicial organs according to law.

Chapter IX Supplementary Provisions

Article 41 These Measures shall apply to all kinds of state organs, institutions, political parties and social organizations that possess and use state-owned assets.

Forty-second state-owned assets owned and used by collective institutions can be managed with reference to these Provisions.

Article 43 Measures for the administration of state-owned assets of overseas administrative institutions shall be formulated separately.

Article 44 Measures for the administration of state-owned assets occupied and used by China People's Liberation Army and specific administrative institutions approved by the state shall be formulated separately by the General Logistics Department of China People's Liberation Army and relevant competent departments in conjunction with the State Administration of State-owned Assets in accordance with these Measures.

Article 45 The state-owned assets management departments and central departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning may, in accordance with these Measures and in light of the actual conditions of their respective regions and departments, formulate specific implementation measures and report them to the State Administration of State-owned Assets and the Ministry of Finance for the record.

Article 46 The State Administration of State-owned Assets shall be responsible for the specific interpretation and implementation of these Measures.

Article 47 These Measures shall come into force as of the date of promulgation.